By Dr Zizamele Cebekhulu-Makhaza, President of the Police and Prisons Civil Rights Union (POPCRU)
Road safety statistics and fatalities in South Africa are among some of the worst in the world, and remain a persistent concern for lawmakers. Traffic infringements, a high accident rate, and a lack of capacity among traffic officers have made it increasingly difficult to enforce traffic laws, resulting in unacceptably high numbers of road deaths. Additionally, initiatives by organisations such as Arrive Alive to educate motorists and create awareness of driving best practices have been largely unsuccessful in improving statistics and driving meaningful change across South Africa’s roads.
From poor road infrastructure to bad driver attitudes, it seems like we have reached a stalemate in creating safer roads. In response to these challenges, the Administrative Adjudication of Road Traffic Offences (Aarto) Act, Act 46 of 1998 was introduced, featuring a points-demerit system to promote road safety and discourage drivers from disregarding traffic regulations. Now, after 25 years, the demerit system has finally been given the green light by the Constitutional Court.
The aim of this system is twofold; to protect drivers and create safer roads, as well as to reduce the burden on South African courts by moving the prosecution process from the Criminal Procedure Act to an administrative issue managed by the Road Traffic Infringement Agency (RTIA).
How will this system improve road safety?
Our current traffic system is often ineffective, as many motorists continue to drive negligently and disregard traffic laws – especially as our traffic departments are often understaffed and under pressure. Additionally, the existence of bribery and corruption has led to a broken system where drivers are not regulated and are continuously allowed to violate our traffic laws. But by implementing body cameras for traffic officials, and enforcing more severe consequences for traffic infringements, drivers will be encouraged to be more cautious, promoting voluntary compliance with traffic laws.
The demerit system has proven successful in countries like Australia and New Zealand, and by following these countries’ examples and applying this framework here, South Africa can follow best international practices in combatting bad driving and changing driver attitudes.
There are a number of advantages to this system, including:
- Clear feedback and accountability: Individuals will have a clear understanding of the consequences of their actions, and will change their behaviour accordingly.
- Reducing negligent road behaviour: The threat of losing points and possibly having their licence suspended or cancelled will help to reduce the likelihood of individuals driving recklessly and ignoring traffic laws.
- Fairness and objectivity: A well-designed demerit system will create a more objective evaluation of drivers by applying the same rules consistently and without bias.
It is important that the system is implemented correctly, and that both traffic officials and drivers embrace this system to ensure that it is effective. The system has the potential to be a valuable tool in promoting safe driving habits and maintaining order on our roads.
How will it work?
Drivers will begin with zero demerit points, and will then receive points for transgression based on a sliding scale of severity. You can get up to 15 demerit points against your licence, which will only incur fines. Thereafter, your driver’s licence will be suspended for three months. Repeat offenders will eventually have their licences cancelled, and will need to start the process of obtaining a driver’s licence again from the beginning, ensuring that they will be unable to drive until they have been re-educated on best driving practices.
In a country where bribery and illegal practices are rife, implementing a more fair and efficient system comes with challenges. But with road deaths averaging at 12,000 per year, it is time for a more direct approach. And based on the successes other countries have experienced with the demerit system, it can only have a positive impact on our roads.